P NARAYANAN Vs. DISTRICT ELEMENTARY EDUCATIONAL OFFICER

JUDGEMENT

(1.) IN both the writ petitions, the petitioner is one and the same person. IN W.P.(MD)No.344 of 2009, the petitioner seeks to challenge an order, dated 20.11.2008 passed by the first respondent, i.e District Elementary Education Officer, Virudhunagar. By the impugned order, the first respondent approved the Executive Committee of the educational agency of fourth respondent School (impleaded on 10.2.2010). IN the writ petition, notice regarding admission was granted on 20.1.2009. Pending the writ petition, an interim stay was granted for a limited period which stood extended from time to time. The third respondent has filed a vacate stay application in M.P.(MD)No.3 of 2009 together with supporting counter affidavit, dated 18.7.2009. The petitioner also filed an application for fixing an early date in M.P.(MD)No.2 of 2010.

(2.) IN W.P.(MD)No.345 of 2009, the same petitioner challenged an another order, dated 10.1.2009 and after setting aside the same, seeks for a direction to the first respondent to approve the School Committee as per the representation made by the petitioner on 19.2.2008 for a period of three years from 9.5.2008. IN that writ petition, the challenge was to the order passed by the District Elementary Education Officer, dated 10.1.2009 in which he had approved the school committee headed by O.Jayaraman for a period of two years from 2.1.2008 to 1.1.2010. Pending the writ petition, this court granted an interim stay which was extended until further orders by an order dated 21.4.2009. IN that writ petition, the third respondent has filed a vacate stay application in M.P.(MD)No.3 of 2009 together with supporting counter affidavit, dated 18.7.2009. The writ petitioner had also filed a fixing an early date petition. IN the meanwhile, the first respondent has filed counter affidavits, dated 12.2.2009 in both writ petitions.

(3.) IN the meanwhile, the third respondent had registered themselves as a society on 2.1.2008 called as Paripalana Sabha of Mundalapuram Hindu Primary School. On 5.11.2008, the first respondent informed that he should approach the Civil Court for getting a declaration with regard to ownership of the management of the school. IN the meanwhile, an application was filed by the villagers of Mundalapuram to the first respondent, seeking to recognise the third respondent as an educational agency. Form-III and Form-IV were also presented before the firs respondent. Since the petitioner did not agree for handing over the school, he refused to sign the transfer application. IN the meanwhile, the application for transfer of management to Paripalana Sabha was returned stating that they should produce documents relating to transfer. That order was challenged by the President of the third respondent Sabha in W.P.(MD)No.8372 of 2008. That writ petition was dismissed directing them to submit an appropriate application form. It was claimed that there was no necessity to get any prior permission from the existing Secretary of the educational agency. Thereafter, by an order, dated 20.11.2008, sanction was granted recognising the educational agency of school which was impugned in the first writ petition. Subsequently, on 10.1.2009, the School Committee formed by the third respondent was also granted recognition. The petitioner was forced to file a civil suit before the District Munsif Court, Virudhunagar being O.S.No.15 of 2009 seeking for a declaration and also for a direction to hand over the school.